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HomeMy WebLinkAbout2021-167A TRUE COPY CERTIFICATION ON LAST PAGE J R SMITH CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ' 575-030-27 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER RIGHT OF WAY 10/16 Indian River County Solid Waste Disposal District ITEM/SEGMENT NO.: 4130482 Attn: Himanshu H. Mehta, Managing Director MANAGING DISTRICT 1801 271h Street F.A.P. NO.: Vero Beach, FL 32960 STATE ROAD NO.: COUNTY: PARCEL NO.: D417 092 B CR 606 (Oslo Road / 91" St. SW) Indian River 109/702 The Florida Department of Transportation will be acquiring, or has acquired property owned by you for a transportation project or will be processing a payment to you related to the above referenced parcel. Federal regulations require that we report this transaction to the Internal Revenue Service (IRS), therefore we must obtain your correct Taxpayer Identification Number (TIN). If you fail to furnish your correct TIN you may be subject to an IRS penalty. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. See the attached instruction for how to enter names and TINS. If you have any questions please let us know. Name Phone Number i Business Name, if different from above Phone Number Board of County Commissioners - Indian River Count (772) 226-1427 Address (number, street, and apt. or suite no.) OWNERSHIP INTEREST 1801 27th Street A( Sole Owner ❑ Part Owner with % interest City, State, and ZIP Code Vero Beach, Florida 32960 ❑ Not Applicable (Vendor Only) TAXPAYER IDENTIFICATION NUMBER (TIN) For individuals, this is your social security number (SSN): For other entities, it is your employer identification number (EIN) 5 9 - 6 0 0 0 6 7 4 If you do not have a TIN, see attached instructions for How to get a TIN. Below, choose one number that accurately describes the business or the individual. ❑ 1 -CORPORATION, PROFESSIONAL ASSOCIATION OR PROFESSIONAL CORPORATION (A corporation formed under the laws of any state within the United states.) ❑ 2 -NOT FOR PROFIT CORPORATION(Section 501 (c)(3) Internal Revenue Code) FF=t3t11LAS T� FOAr , ❑ 3 -PARTNERSHIP, JOINT VENTURE, ESTATE, TRUST OR MULTIPLE MEMBER LLC A -!lD LEU -AL SUFFICIENCY ❑ 4 - INDIVIDUAL, SOLE PROPRIETOR, SELF EMPLOYED OR SINGLE MEMBER LLC BY ❑ 5 - NONCORPORATE RENTAL AGENT � to j E1C1i��a.��_I� 6 - GOVERNMENTAL ENTITY (City, County, State or U.S. Government) CC3iN 1 Y :\TT0RNEV ❑ 7 - FOREIGN CORPORATION OR ENTITY (A foreign entity formed under the laws of a country ofg �effrey R. Smith, Clerk of the United States.) If YES is marked below, complete and attach Form W-8EC1. ircuit Court and Comptroller Is income effectively connected with business in the United" est; [:]YES ❑NO ❑ 8 -NONRESIDENT ALIEN (An individual temporarily iotie U.S who i 'riatU.S. citizen or resid,) CERTIFICATION _;<..-,„ Do lark Under penalties of perjury, I certify that the nurhber shAwn, on this:form is my correct taxpayer identification number (or I am waiting for umber to be issiiiii#_to MO. ";� Sign Here, ql-�I Date October 19, 2021 Title J e E. Flescher, Chairman L-A A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 08 -TE. 11-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana Esq. 4:!�Q— District Four Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. 04-22-2019 Parcel No. 702.1R Document prepared by: Item/Segment No. 4130482 Diana Helmer 08-05-2021 Section: 88601-2500 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R. No. 606 (Oslo Road/9th Street SW) 3400 W. Commercial Boulevard County: Indian River Fort Lauderdale, Florida 33309 TEMPORARY EASEMENT THIS EASEMENT Made this 19th day of October , 2021 , by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, whose address is: C/O Utilities Department, 1801 27th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, Grantee. WITNESSETH that for and in consideration of the sum of One Dollar and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, the Grantor hereby gives, grants, bargains and releases to the Grantee, a temporary easement for the purpose of grading, sloping, tying in, reconnecting and harmonizing existing features, etc., together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in County Road 606 (Oslo Road / 9th Street SW), adjacent thereto in, over, under, upon and through the following described land in Indian River County, Florida, described as follows, viz: Parcel No. 702 F.P. No. 4130482 A portion of Tract 3, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of Saint Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (N.W. 1/4) of Section 25, Township 33 South, Range 38 East, said portion lying Southerly of and adjacent to the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, extending Southerly no more than 25.00 feet between the Baseline of Survey Stations 100+49.68 and 100+99.83, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500. Containing 1,254 square feet, more or less. THIS EASEMENT is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. Page 1 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this transportation project, but no later than the last day of July 2029. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Chairman , the day and year aforesaid. i ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY B. Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent s district of Indian River County, Florid .41 ., By: =T> +r P n ame: Joseph E. Flesche`•:��/, Its: Chairman The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 19th day of October , 20 , by Joseph E. Flescher , its Chairman , on behalf of the INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, who is personally known to me or who has produced as identification. KIMBERLYKMOIRMO MY COMMISSM # GG 321698 p EXPIRES: Apti 9, X023 >} cd r��• Bonded n. Notary K.W thftwr P��" k'l. (.tea n'-' (Signature of perso taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Page 2 of 2 A TRUE COPY CERTIFICATION ON LAST FADE J.R. SMITH, CLERK 09 -LA. 11-07/18 This instrument prepared under the direction of. Elizabeth S. Quintana, Esg. CfZ!�Q— District Four Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. (08-15-2019) Parcel No. 903.1R Document prepared by: Item/Segment No. 4130482 Diana Helmer 08-09-2021 Section: 88601-2500 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R. No. 606 (Oslo Road/9th Street SW) 3400 W. Commercial Boulevard County: Indian River Fort Lauderdale, Florida 33309 LICENSE THIS LICENSE Made this 12th day of October , 2021 , between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, whose address is: C/O Utilities Department, 1801 27th Street, Vero Beach, Florida 32960, herein called Licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called Licensee. In consideration of the benefits accruing unto the Licensor, the parties agree as follows: Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 903 F.P. No. 4130482 A portion of Tracts 3 and 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (N.W. 1/4) of Section 25, Township 33 South, Range 38 East, said portion lying Southerly of and adjacent to the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, extending Southerly no more than 25.00 feet between the Baseline of Survey Stations 95+04.72 and 100+49.68, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500. The premises may be occupied and used by Licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the Licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of July 2029. The making, execution and delivery of this license by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This license embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. Pagel of 2 A TRUE COPY CERTIFICATION ON LAST rAdg J.R. SMITH, CLERK IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Chairman , the day and year aforesaid. ATTEST: _&" Print Name: rL .7 Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Attorney INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida`�� coaiM�s `* co, By: Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 575-030-07a RIGHT OF WAY OGC —10/16 Page 1 of 4 4130482 4-- D417 - D417 092 _B _ CR 606 tOslo Road / 91h St. SWI_ Indian River 109 Seller: Indian River County Solid Waste Disr>osal District a dependent special district of Indian River County --Florida Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: ® Fee Simple ❑ Permanent Easement ❑ Temporary Easement ❑ Leasehold (b) Real Property Described As: See "Exhibit A"_ (c) Personal Property: WA_ (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A _ These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. ll. PURCHASE PRICE (a) Real Property Land Improvements Real Estate Damages (Severance/Cost-to-Cure) Total Real Property (b) Total Personal Property (c) Fees and Costs Attorney Fees Appraiser Fees Total Fees and Costs (d) Total Business Damages (e) Total of Other Costs List: 1. $ 15.000.00 2. $ 6,200.00 3. $ 26.600,00 4. $ 47.800.00 5. $ 0.00 6. $ 0.00 7. $ 0.00 Fee(s) 8. $ 0.00 9. $ 0.00 10. $ 0.00 11. $ 0.00 Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer upon surrender of possession or $ 47,800.00 $ 47.800.00 $ 0.00 .- A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 575-030478 RIGHT OF WAY OGC-10116 Page 2of4 III. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not Including, the day of closing. (b) Seller Is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: Buyer and Seller aeree that all fees and costs or business damage claims associated with this agreement are identified in Section 11 of this agreement (1) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page is made a part of this agreement. ® There is not an addendum to this agreement. A TRUE COPY CERTIFICATION ON LAST PAGE JR. SMITH, CLERK 575.030-07a RIGHT OF WAY OGC-10/16 Page 3 of 4 VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidpnQe,pf fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evide'ricidrbVtlli signature of Buyer in Section VII of this agreement. r) : uyer 10 0: ;o: ;Mate of Florida Department of Transportation ure eph F • r' 1 P cher s_..Cha].iman C ` BY: or Print NameSignature Date Attest: Jeffrey R. Smith, Clerk -of Signature �IrculiCou and Comptr1511ft Type or Print Name and Title TYP e or Print Name Br Deputy Clerk VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this day of BY: Signature Legal Review: Type or Print Name and Title 0ROVZED ASa TO FORM ZAN FIC:-0 FCi0 00UNTY Al'TORiJEY Carlos Martinez, District Richt of Way Manager Type or Print Name and Title Date "Exhibit A" Item/Segment No. 4130482 (Section 88601-2500) 5-03-21 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Fee Simple Right of Way Parcel No. 109 County Road 606 Indian River County Description A portion of Tract 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 1 OOD nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road /9th Street SW); thence South 899917" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 470.00 feet to the POINT OF BEGINNII`TG; thence South 00121'58" West, a distance of 25.70 feet to the beginning of the New Limited Access Right of Way line of State Road 9 (I-95); thence along said New Limited Access Right of Way line for the next four (4) courses: (1) North 88103'17" East, a distance of 378.52 feet; thence (2) South 89'39'17" East, a distance of 248.34 feet; thence (3) North 89145'51" East, a distance of 51.66 feet; thence (4) North 00°20'43" East, a distance of 10.05 feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence North 89139'17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C4 Canal, a distance of 678.21 feet to the POINT OF BEGINNING. Containing 10,020 square feet, more or less. AND Together with all rights of ingress, egress, light, air, and view between portions of Tracts 3 and 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed along the following described line: Page I of 3 Item/Segment No. 4130482 (Section 88601-2500) 5-03-21 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Fee Simple Right of Way Parcel No. 109 County Road 606 Indian River County Description Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road /9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of a distance 470.00 feet; thence South 00°21'58" West, a distance of 25.70 feet to the BEGINNING of the New Limited Access Right of Way line of State Road 9 (1-95); thence continue along said New Limited Access Right of Way line of State Road 9 (I-95) for the next five (5) courses: (1) North 8800311711 East, a distance of 378.52 feet; thence (2) South 89139'17" East, a distance of 248.34 feet; thence (3) North 89°45'51" East, a distance of 51.66 feet; thence (4) North 00020'43" East, a distance of 10.05 feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence (5) South 89139'l 7" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 430.28 feet to the END of said New Limited Access Right of Way line of State Road 9 (1-95). Together with all rights of ingress, egress, light, air, and view between a portion of the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 4, 5, and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed along the following described line: Commence at a l OOD nail (No ID), found marking the Northwest Comer of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet to a point on a line 30.00 feet East of and parallel to the West line of said Northwest One -Quarter (NW 1/4) of Section 25; thence South 00°21'58" West along said parallel line, a distance of 300.00 feet to the BEGINNING of the New Limited Access Right of Way line of State Road 9 (I-95); thence continue South 00°21'58" West along said parallel line, a distance of 1,906.52 feet to the END of said New Limited Access Right of Way line of State Road 9 (I-95). AND Page 2 of 3 Item/Segment No. 4130482 (Section 88601-2500) 5-03-21 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Fee Simple Right of Way Parcel No. 109 County Road 606 Indian River County Description A portion of Tract 5, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the West One -Quarter (W 1/4) Corner of said Section 25; thence South 89°41'08" East along the South line of said Northwest One -Quarter (NW 1/4) of Section 25, a distance of 207.83 feet to a point on the Easterly Existing Limited Access Right of Way line of State Road 9 (I-95); thence North 2510'44" West along said Easterly Existing Limited Access Right of Way line of State Road 9 (1-95), a distance of 33.24 feet to a point on the Northerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-5 Canal and the beginning of the New Limited Access Right of Way line of said State Road 9 (1-95) and the POINT OF BEGINNING; thence continue along said New Limited Access Right of Way line of State Road 9 (1-95) for the next three (3) courses:(1) South 89°41'08" East, a distance of 13.29 feet; thence (2) North 25110'44" West, a distance of 101.28 feet; thence (3) North 21'10'44" West, a distance of 362.50 feet to the end of said New Limited Access Right of Way line of State Road 9 (I-95); thence South 00°21'58" West, a distance of 86.47 feet to a point on said Easterly Existing Limited Access Right of Way line of State Road 9 (1-95); thence South 25°10'44" East along said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 379.16 feet to the POINT OF BEGINNING. Containing 8,638 square feet, more or less. All together containing 18,658 square feet, more or less. Together with all rights of access, ingress, egress, light, air, and view between the grantor's remaining property and any facility constructed on the above described property. Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK s75 -=47a RIGHT OF WAY OGc -10116 Page 1 of 4 4130482 4 D417 092 B CR 606 (Oslo Road / 91h St. SW) Indian River 702 Seller: Indian River County Solid Waste Disposal District a dependent special district of Indian River County, Florida Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: ❑ Fee Simple ❑ Permanent Easement ® Temporary Easement ❑ Leasehold (b) Real Property Described As: See "Exhibit A _ (c) Personal Property: N/A (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: NIA These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. II. PURCHASE PRICE (a) Real Property Land 1. $ 460.00 Improvements 2. $ 0.00 Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 460.00 (b) Total Personal Property 5. $ 0.00 (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees 7. $ 0.00 Fee(s) 8. $ 0.00 Total Fees and Costs 9. $ 0.00 _ (d) Total Business Damages 10.$ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $ 460.00 J Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 460.00 Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 0.00 Amount to be paid to Seller by Buyer upon surrender of possession or _ __ A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 675-03U7o RIGHT OF WAY 00C -10116 Page 2 of 4 Ill. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer, Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (1) Other: Buyer and Seller agree that all fees and costs or business damage claims associated with this agreement are identified in Section II of this agreement. _ (j) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page is made a part of this agreement. ® There is not an addendum to this agreement. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK s7soao-ole RIGHT OF WAY OGG- loll Pepe 3 of 4 VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evigj of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be eu a b signature of Buyer in Section VII of this agreement. Seller(s) o Buyer 1 171:no State of Florida Department of Transportation ature ose h E. F1esG_hQr. Cha;rman'�<`o • '%�'.' P, BY: Type or Print Name ' �Z.�U/j...... �• Signature Date Signature Attest. Jeffrey R. Smith, Ola* of Type or Print Name and Title Circuit Court and Comptroller Type or Print Name Deputy Clerk VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this day of BY - Signature Carlos Martinez District Richt of Wai Manager Type or Print Name and Title Legal Review: _. _ ___ __ —_ — Rate Type or Print Name and Title :JROVED AS TO FORM LEGAL SUFFICIENCY 4d14TY ATT 0RNEY Item/Segment No. 413048-2 (Section No. 88601-2500) 04-22-19 Parcel No. 702 County Road 606 STATE OF FLORIDA INDIAN RIVER COUNTY THIS 18 TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY 0 THE ORI01 AL ON FILE IN THIO OFFICE, EFF EY R. 8 IT ERK BY Ad D.C. "Exhibit A" DATE � 9C,2) Temporary Easement Indian River County Description A portion of Tract 3, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of Saint Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (N.W. 1/4) of Section 25, Township 33 South, Range 38 East, said portion lying Southerly of and adjacent to the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, extending Southerly no more than 25.00 feet between the Baseline of Survey Stations 100+49.68 and 100+99.83, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500. Containing 1,254 square feet, more or less. A temporary easement for the purpose of grading, sloping, tying in, reconnecting and harmonizing existing features, etc., together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in County Road 606 (Oslo Road / 9th Street SW), adjacent thereto. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2029. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 03-BSD.03-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana. Esq. �= District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide, P.S.M. 05-03-2021 Parcel No. 109.1R(08-04-2021) Document prepared by: Item/Segment No. 4130482 Diana Helmer 08-04-2021 Section: 88601-2500 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 606 (Oslo Road/9th Street SW) 3400 W. Commercial Boulevard County: Indian River Fort Lauderdale, Florida 33309 DEED THIS DEED, Made this 2nd day of November , 20__2 1 , by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, whose address is: C/O Utilities Department, 1801 27th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the Grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Indian River County, Florida, viz: Parcel No. 109 F.P. No. 4130482 A portion of Tract 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89°39' 17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 470.00 feet to the POINT OF BEGINNING; thence South 00°21'58" West, a distance of 25.70 feet to the beginning of the New Limited Access Right of Way line of State Road 9 (1-95); thence along said New Limited Access Right of Way line for the next four (4) courses: (1) North 88003'17" East, a distance of 378.52 feet; thence (2) South 89°39' 17" East, a distance Page 1 of 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK of 248.34 feet; thence (3) North 89°45'51" East, a distance of 51.66 feet; thence (4) North 00°20'43" East, a distance of 10.05 feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence North 89°39' 17" West along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 678.21 feet to the POINT OF BEGINNING. Containing 10,020 square feet, more or less. AND Together with all rights of ingress, egress, light, air, and view between portions of Tracts 3 and 4, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed along the following described line: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet; thence South 00°21'58" West, a distance of 30.00 feet to a point on the Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence South 89'39'17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub - Lateral C-4 Canal, a distance of a distance 470.00 feet; thence South 00°21'58" West, a distance of 25.70 feet to the BEGINNING of the New Limited Access Right of Way line of State Road 9 (1-95); thence continue along said New Limited Access Right of Way line of State Road 9 (1-95) for the next five (5) courses: (1) North 88'03'17" East, a distance of 378.52 feet; thence (2) South 89°39' 17" East, a distance of 248.34 feet; thence (3) North 89°45'51" East, a distance of 51.66 feet; thence (4) North 00°20'43" East, a distance of 10.05 feet to a point on said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal; thence (5) South 89°39' 17" East along said Southerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-4 Canal, a distance of 430.28 feet to the END of said New Limited Access Right of Way line of State Road 9 (1-95). AND Together with all rights of ingress, egress, light, air, and view between a portion of the Northwest One - Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, Indian River County, Florida, as shown on Sheets 4, 5, and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500 and any facility constructed along the following described line: Commence at a 100D nail (No ID), found marking the Northwest Corner of said Section 25, being a point on the Baseline of Survey and Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW); thence South 89°39'17" East along said Baseline of Survey and said Southerly Existing Right of Way line of County Road 606 (Oslo Road / 9th Street SW), a distance of 30.00 feet to a point on a line 30.00 feet East of and parallel to the West line of said Northwest One -Quarter (NW 1/4) of Section 25; thence South 00°21'58" West along said parallel line, a distance of 300.00 feet to the BEGINNING of the Page 2 of 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SPOITH, CLERK New Limited Access Right of Way line of State Road 9 (I-95); thence continue South 00°21'58" West along said parallel line, a distance of 1,906.52 feet to the END of said New Limited Access Right of Way line of State Road 9 (I-95). AND A portion of Tract 5, PLAT OF INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, lying in the Northwest One -Quarter (NW 1/4) of Section 25, Township 33 South, Range 38 East, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4130482, Section 88601-2500, being more particularly described as follows: Commence at the West One -Quarter (W 1/4) Corner of said Section 25; thence South 89°41'08" East along the South line of said Northwest One -Quarter (NW 1/4) of Section 25, a distance of 207.83 feet to a point on the Easterly Existing Limited Access Right of Way line of State Road 9 (I-95); thence North 25°10'44" West along said Easterly Existing Limited Access Right of Way line of State Road 9 (1-95), a distance of 33.24 feet to a point on the Northerly Existing Canal Right of Way line of Indian River Farms Water Control District Sub -Lateral C-5 Canal and the beginning of the New Limited Access Right of Way line of said State Road 9 (I-95) and the POINT OF BEGINNING; thence continue along said New Limited Access Right of Way line of State Road 9 (I-95) for the next three (3) courses: (1) South 89°41'08" East, a distance of 13.29 feet; thence (2) North 25°10'44" West, a distance of 101.28 feet; thence (3) North 21°10'44" West, a distance of 362.50 feet to the end of said New Limited Access Right of Way line of State Road 9 (I-95); thence South 00021'58" West, a distance of 86.47 feet to a point on said Easterly Existing Limited Access Right of Way line of State Road 9 (1-95); thence South 25°10'44" East along said Easterly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 379.16 feet to the POINT OF BEGINNING. Containing 8,638 square feet, more or less. All together containing 18,658 square feet, more or less. Together with all rights of access, ingress, egress, light, air, and view between the grantor's remaining property and any facility constructed on the above described property. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. Page 3 of 4 STATE OF FLORIDA INDIAN RIVER COUNTY THIS 18 TO CERTIFY THAT THIS 18 A TRUE AND CORRECT COPY O THE ORIGINAL ON FILE IN 18 OFFICE. 1 /I a_ JEFFREY R.akTH. RK . A IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its Chairman , the day and year aforesaid. ATTEST: Print Name: )Randi Wardlow Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida U M4f/, * • By: Pr nt ame: Joseph E. Flescher Its: Chairman •.;Qi �' OQ;�� The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 2nd day of November , 2C21 by Joseph E. Flescher its Chairman on behalf of the INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, who is personally known to me or who has produced as identification. KIMBERLY K MOIRANO ) IdY COMMISSION AIGG 321698 ( v EXPIRES: Apd 9.2023 (Signature ofpers taking acknowledgment) G=W Thru Notary PLt4c l derA2Kers (Type, print or stamp name under signature) Title or rank and serial number, if any: Page 4 of 4